Intellectual Property Enforcement in India
Geographical Indications filing requirements in India
Following are the basic requirements for filing of a Geographical Indication application in India:
1. Name of all the Applicants (If there is a large number of producers a collective reference to all the producers of the goods may be made in the application and the G.I., If registered will be indicated accordingly in the register)
2. List of association of persons/producers/organisation/authority
3. Nationality
4. Address of Applicant
5. Legal status and country of incorporation
6. Statement as to novelty
7. Representation/ Copy of Geographical Indication
8. User date in India (if any)
9. Three certified copies of the map of the region to which the GI relates
10. Details of the special characteristics and how those standards are maintained
11. Details of the inspection structure if any to regulate the use of the GI in the territory to which it relates
12. Affidavit by association of persons or producers or any organization or authority representing the interest of producers of the concerned goods stating how the applicant claims to represent interest of producers of goods
13. Power of authority in favour of Indian Attorney/ Advocate, to be stamped in India. It may be filed later (before or along responding to official letter). Notarisation or legalisation is not mandatory
14. Certified copy of priority document (where priority is claimed)
Pursuant to filing of the application, the content of statement of case is assessed by a consultative group of experts will versed on the subject. They ascertain the correctness of particulars furnished and thereafter an Examination Report is issued. The Application is examined in due course and scrutinized for any deficiencies, which should be remedied within one month from the communication.
Show cause notice
If the Registrar has any objection to the application, the objections are communicated to Applicant and the applicant must respond within two months or apply for a hearing. The decision will be duly communicated. If the applicant wishes to appeal, he may within one month make a request. The Registrar is also empowered to withdraw an application, if it is accepted in error, after giving on opportunity of being heard.
Every application, within three months of acceptance is published in the Geographical Indications Journal
Any person can file a notice of opposition within three months (extendable by another month on request which has to be filed before three months) opposing the GI application published in the Journal. The registrar serves a copy of the notice on the applicant. Within two months from receipt the applicant has to file counterstatement. If he does not do this the Application is deemed to have been abandoned. Where the counter-statement has been filed, the registrar serves a copy on the person giving the notice of opposition. Thereafter, both sides will lead their respective evidences by way of affidavit and supporting documents. A date for hearing of the case will be fixed thereafter for adjudication of opposition.
Where an application for a GI has been accepted, the registrar shall register the geographical indication. If registered the date of filing of the application shall be deemed to be the date of registration. The registrar shall issue to the applicant a certificate with the seal of the Geographical indications registry.
The term of registration of GI is for 10 years and can be renewed further.
A registration of GI can be renewed further for 10 more years and so on, on payment of renewal fee.
